The Supreme Court of Victoria delivered judgment on 4 March 2016 in Warehouse Sales Pty Ltd (in liq) v WHS2 Pty Ltd (in liq) [2016] VSC 63. This case is particularly useful to liquidators as it deals with a number of questions that often confront liquidators, including:
No statutory or common law action for invasion of privacy has developed in Australia. In 2001, the High Court of Australia left the option open in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd. The issue of whether a statutory cause of action for serious invasion of privacy should be introduced in NSW will be addressed in a report to be released on 3 March 2016. In this article we briefly outline the context of this development, which may lead to the creation of new exposures to liability for businesses and their insurers.
Roberts v Westpac Banking Corporation [2015] ACTSC 397
On 3 February 2016, the NSW Court of Appeal delivered a judgment on an application for indemnity costs by a successful respondent to an appeal. The Court of Appeal found that an Offer of Compromise that amounted to a request for a “capitulation” when no evidence was brought of significant costs being incurred by the successful party prior to the offer did not warrant the making of an indemnity costs order.
In Ingram v QBE Insurance (Australia) Ltd (Human Rights) Member Dea of the Victorian Civil and Administrative Tribunal determined the application of an exception to the general principle that it is unlawful to discriminate. The Equal Opportunities Act 2010 (Vic) and the Disability Discrimination Act 1992 (Cth) allows insurers to lawfully discriminate if that discrimination is based on actuarial or statistical data.